DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first
inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/31/2025 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The amendment filed on 12/31/2025 has been entered. Claims 5-10 are pending in the application. Applicant’s amendments to the claims have not introduced new matter and are supported in the specification in at least [0037] of the instant specification.
Response to Arguments
Applicant’s arguments, see Pg. 5-6 filed 12/31/2025 with respect to claim 5, have been fully considered however are directed to the claim limitation “a raw material feeding step for continuously feeding the silicon monoxide gas generating raw material subjected to the preventing step into a reaction chamber for generating silicon monoxide (SiO) gas” introduced in the amendment filed 12/31/2025, which postdates the final rejection mailed 10/31/2025. Examiner notes the amendment is interpreted to materially change the method of claim 5 from the previous claim set of 08/06/2025. The previous claim set of 08/06/2025 required a feeding step of the raw material and a preventing step of the raw material while the claim set of 12/31/2025 is interpreted to require a direct pathway, connection, tube, device, etc. between the preventing step and the feeding step in order to feed the “prevented” material into the reaction chamber. Examiner acknowledges the prior art Xiao does not explicitly show or discuss a raw material feeding device attached to a reaction chamber such that a skilled artisan could readily envisage feeding the “prevented” raw material to the reaction chamber in a manner consistent with the claims (see Figure 1 of Xiao).
Upon further search and consideration and as necessitated by the amendment, the 35 U.S.C. 102(a)(1) rejection of 10/31/2025 over Xiao et al. (IOP Conf. Ser. Mater. Sci. Eng. 2019, 562, 012094; cited in IDS dated 10/09/2024) is withdrawn and a new grounds of rejection under 35 U.S.C. 103 as being unpatentable over Xiao et al. (IOP Conf. Ser. Mater. Sci. Eng. 2019, 562, 012094; cited in IDS dated 10/09/2024) in view of Li et al. (CN207680568U English) is presented.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C.
102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the
statutory basis for the rejection will not be considered a new ground of rejection if the prior art
relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the
claimed invention is not identically disclosed as set forth in section 102, if the
differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or
nonobviousness.
Claims 5-6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (IOP Conf. Ser. Mater. Sci. Eng. 2019, 562, 012094; cited in IDS dated 10/09/2024) in view of Li et al. (CN207680568U English). Note, all the citations bellow are from the English equivalent provided by the Examiner with the exception of Fig. 1 from Li that is reproduced below and is taken from the Chinese version of CN207680568U.
Regarding claim 5, Xiao teaches a method to prepare SiO powders via the continuous generation of SiO gas (Title; Pg. 2, par.2; Figure 1), where raw materials comprising polycrystalline silicon powder (Si) and quartz rods (SiO2) are dried at 200 °C for 3 hours prior to being loaded into the reactor for generation of SiO (Pg. 3, 3.1. Synthesis [of] the SiO Powders). In regards to the limitation a “preventing step for preventing moisture in the atmosphere from being adsorbed onto a silicon monoxide gas generating raw material…” Xiao teaches the SiO gas generating raw materials are dried at 200 °C for 3 hours (Pg. 3, 3.1). Xiao further teaches after the raw material is dried, the dried raw material is loaded into a reactor and is placed under gradual heating with vacuum until a pressure of 3 Pa is achieved (Pg. 3, 3.1). To wit, the instant specification describes that after performing heat drying within a temperature range from 100 °C or more or 400 °C or less for 1 to 240 hours, the raw material is placed in the reactor where the pressure is controlled by a vacuum to a pressure of 100 Pa or less (see [0032]-[0033] in the instant specification). The instant specification describes that if the pressure exceeds this value, then a large amount of water vapor is generated from the SiO gas generating raw material ([0033]).
Accordingly, the drying treatment of Xiao prior to reaction is equivalent to the preventing process described in the instant specification and the teaching in Xiao meets the limitation of performing “a preventing step”.
Xiao further states SiO gas is generated in the process prior to condensing the gas as a solid powder (Pg. 3, 3.1. Synthesis [of] the SiO Powders).
The claim further requires the silicon monoxide gas generating raw material has “a water content of 0.6wt% or less,” to which Xiao does not explicitly state.
However, while Xiao does not explicitly state the water content of the raw materials being fed into the reaction for continuous SiO production, the water content of the raw materials is determined by the conditions used to dry the material. The drying of raw materials to reduce the amount of water in the raw materials is supported in the instant specification in at least [0017].
In this regard, Xiao teaches drying the raw materials at 200 °C for 3 hours (Pg. 3, 3.1. Synthesis [of] the SiO Powders). Xiao further teaches after the pre-dried powders are dried, they are loaded into a reactor, gradually heated to 200 °C with vacuum to a pressure of 3 Pa, then Ar was flowed through the system prior to ramping the temperature to 1450 °C where it was held for several hours to ensure the polycrystalline silicon powder was completely melted before lowering a quartz rod in the reactor into the melt to initiate SiO synthesis (Pg. 3, 3.1).
Comparatively, the instant specification teaches the drying treatment of the raw materials is performed within a range of 100 °C or more and 400 °C or less, for a period of time ranging from 1 hour or more and 240 hours or less ([0032]). The instant specification teaches an example where silicon dioxide and silicon raw materials are dry-treated at 200 °C for 4 hours ([0039]). The instant specification further teaches after dry-treatment, the dry-treated silicon monoxide gas generating raw material is charged into a supply hopper and the material is heated while the pressure is reduced ([0033]). The instant specification further teaches if the pressure exceeds 100 Pa or less, then the water content of the raw material is too high and exceeds 0.6 wt.% ([0032]-[0033]).
Therefore, while Xiao does not explicitly disclose the water content of the raw materials being 0.6 wt.% or less, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of obviousness has been established (see MPEP 2112.II.) In the instant case, the raw materials of Xiao would be expected to have the same or similar water content as the instantly claimed raw materials because the materials are pre-dried and subsequently vacuum-heated to a pressure less than 100 Pa in a substantially similar way.
The claim further requires continuously feeding the silicon monoxide gas generating raw material “subjected to the preventing step” into a reaction chamber for generating silicon monoxide (SiO) gas. Xiao teaches performing continuous generation of SiO gas while teaching that raw materials comprising silicon powder (Si) and quartz rods (SiO2) are loaded into a reactor (Pg. 3, 3.1. Synthesis [of] the SiO Powders). While Xiao describes a continuous process, Xiao does not explicitly teach an arrangement that includes a raw material feed supply connected to a reactor in such a way that a skilled artisan could clearly determine how the “prevented material” is supplied to the reaction chamber in a continuous fashion.
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Li teaches a process for continuously producing silicon monoxide that includes an apparatus with a furnace body and a vacuum screw feeding device (Abstract). Li teaches the vacuum feeding device includes a vacuum feed tank (1) where silicon powder and silicon dioxide power are loaded and exposed to vacuum prior to opening valve (14) to allow the vacuumed material to transfer through a tube to screw device (5) which feeds material directly into the reaction zone (2) where temperature and pressure conditions are maintained to generate silicon monoxide (Pg. 2, Description of Drawings, Figure 1 (reproduced below from Li et al. CN207680568U). Figure 1. Reproduced Fig. 1 from the Chinese version of Li et al. CN207680568U depicting the vacuum spiral feeding unit (comprising, 1, 5, 14) which feeds vacuumed material directly into the reaction zone (2).
Advantageously, the method of Li including the vacuum feeding device allows for continuous feeding of raw materials and discharge of silicon monoxide under high temperature and high vacuum while affording a simple design with convenient cleaning and maintenance (Pg. 3, par. 3-4).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to directly feed raw material that has been vacuum treated into a reaction chamber via a connected vacuum feeding device in the method of Xiao in order to allow for continuous feeding of raw materials and production of silicon monoxide product in a manner that is simple in design and convenient for cleaning and maintenance, as taught by Li.
Regarding claim 6, Xiao in view of Li teach the method of claim 5 and Xiao further teaches the raw materials comprise polycrystalline silicon powder (Si) and quartz rods (SiO2) (Pg. 3, 3.1. Synthesis [of] the SiO Powders).
Regarding claim 8, Xiao in view of Li teach the method of claim 5 and Xiao further teaches after the SiO gas generating raw material powder is dried, it is loaded into a reactor chamber and gradually heated to 200 °C with vacuum to a pressure of 3 Pa (Pg. 3, 3.1). Xiao putting the dried SiO gas generating raw material powder into a reactor chamber with subsequent heating under vacuum (i.e. reduced pressure), prior to performing the SiO gas generating reaction, is equivalent to the “storing step for storing silicon gas generating raw material”.
Regarding claim 9, Xiao in view of Li teach the method of claim 5 and the claim further requires “a first supplying step for supplying the silicon monoxide gas generating raw material to a raw material feed hopper under non-exposure to the atmosphere or under reduced pressure, wherein the raw material feed hopper supplies the silicon monoxide gas generating raw material to the reaction chamber,” to which Xiao is silent regarding a feed hopper.
Li teaches a process for continuously producing silicon monoxide that includes an apparatus with a furnace body and a vacuum screw feeding device (Abstract). Li teaches the vacuum feeding device includes a vacuum feed tank (1) where silicon powder and silicon dioxide power are loaded and exposed to vacuum prior to opening valve (14) to allow the vacuumed material to transfer through a tube to screw device (5) which feeds material directly into the reaction zone (2) where temperature and pressure conditions are maintained to generate silicon monoxide (Pg. 2, Description of Drawings, Figure 1 (reproduced below from Li
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et al. CN207680568U). Figure 2. Reproduced Fig. 1 from the Chinese version of Li et al. CN207680568U depicting the vacuum spiral feeding unit (comprising, 1, 5, 14) which feeds vacuumed material directly into the reaction zone (2).
The vacuum screw feeding device that includes a vacuum feeding cylinder (1), a screw feeding device (5) and a valve (14) is equivalent to a “feed hopper” as it serves to continuously supply material to the reactor, which is consistent with the instant inventions description of the “feed hopper”. Exposing the raw material to vacuum is equivalent to the raw material being “under reduced pressure”. See at least [0021], [0027] and Fig. 1, item 160 and 170 in the instant specification.
Advantageously, the method of Li including the vacuum feeding device allows for continuous feeding of raw materials and discharge of silicon monoxide under high temperature and high vacuum while affording a simple design with convenient cleaning and maintenance (Pg. 3, par. 3-4).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to directly feed raw material that has been vacuum treated into a reaction chamber via a connected vacuum feeding device in the method of Xiao in order to allow for continuous feeding of raw materials and production of silicon monoxide product in a manner that is simple in design and convenient for cleaning and maintenance, as taught by Li.
Regarding claim 10, Xiao in view of Li teach the method of claim 5 and 8 and the claim further requires “a second supplying step for supplying the silicon monoxide gas generating raw material to a raw material feed hopper under non-exposure to the atmosphere or under reduced pressure, wherein the raw material feed hopper supplies the silicon monoxide gas generating raw material to the reaction chamber,” to which Xiao is silent regarding a feed hopper.
Li teaches a process for continuously producing silicon monoxide that includes an apparatus with a furnace body and a vacuum screw feeding device (Abstract). Li teaches the vacuum feeding device includes a vacuum feed tank (1) where silicon powder and silicon dioxide power are loaded and exposed to vacuum prior to opening valve (14) to allow the vacuumed material to transfer through a tube to screw device (5) which feeds material directly into the reaction zone (2) where temperature and pressure conditions are maintained to generate silicon monoxide (Pg. 2, Description of Drawings, Figure 1 (reproduced below from Li et al. CN207680568U).
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Figure 3. Reproduced Fig. 1 from the Chinese version of Li et al. CN207680568U depicting the vacuum spiral feeding unit (comprising, 1, 5, 14) which feeds vacuumed material directly into the reaction zone (2).
Li teaches the process is continuous, including the feeding of raw material into feed cylinder (1) (Abstract). Accordingly, the limitation of performing “a second supplying step” is considered met by the teaching of a continuous feed process, as a skilled artisan would conclude a second feed step occurs after performing a first feed step in the process if such a process is continuous. Li’s vacuum screw feeding device that includes a vacuum feeding cylinder (1), a screw feeding device (5) and a valve (14) is equivalent to a “feed hopper” as it serves to continuously supply material to the reactor, which is consistent with the instant inventions description of the “feed hopper”. Li exposing the raw material to vacuum is equivalent to the raw material being “under reduced pressure”. See at least [0021], [0027] and Fig. 1, item 160 and 170 in the instant specification.
Advantageously, the method of Li including the vacuum feeding device allows for continuous feeding of raw materials and discharge of silicon monoxide under high temperature and high vacuum while affording a simple design with convenient cleaning and maintenance (Pg. 3, par. 3-4).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to directly feed raw material that has been vacuum treated into a reaction chamber via a connected vacuum feeding device in the method of Xiao in order to allow for continuous feeding of raw materials and production of silicon monoxide product in a manner that is simple in design and convenient for cleaning and maintenance, as taught by Li.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. (IOP Conf. Ser. Mater. Sci. Eng. 2019, 562, 012094) in view of Li et al. (CN207680568U English) and further in view of Zhao et al. (CN111072038A English Machine Translation).
Regarding claim 7, Xiao in view of Li teach the method of claim 5 and 6 and the claim further requires a silicate is included in the raw material, where the silicate is lithium silicate, to which Xiao and Li are silent.
Zhao teaches a method for generating silicon monoxide where the silicon monoxide is prepared by mixing silicon, silicon dioxide, and metal silicate, where the metal silicate includes lithium silicates (Pg. 3, Disclosure of Invention; Abstract).
Advantageously, incorporating lithium silicate into the raw material combination allows lithium ions to be transferred into the silicon monoxide material, where if too little silicate is added, volume expansion and columbic efficiency effects are not achieved while if too much silicate is included, the capacity of the material is reduced (Pg. 3-4, Disclosure of Invention in at least par. 18-20 on Pg. 3-par. 1 on Pg. 4).
Thus, prior to the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to include lithium silicate in the raw materials in the method of Xiao in order to incorporate lithium into the silicon monoxide material in order to achieve improved volume expansion and columbic efficiencies while reducing capacity loss, as taught by Zhao.
Conclusion
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/JORDAN W TAYLOR/Examiner, Art Unit 1738